These terms of use (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By purchasing design services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
This Agreement is between “The Designer”, Michelle Marin Design Studio LLC (DBA Michelle Marin) and the client purchasing the services.
FEE SUMMARY
Shopify Template Website
Includes:
— Mobile & Tablet Friendly Web Design ( Shopify Theme )
— 1 Round of Revisions (5 design or content changes)
— 5 Products
— 5 Web Pages
— 1 Contact Form
PAYMENT SCHEDULE
Total due upon project start. Additional fees (add-on services, changes in scope, delay fees, etc.) will be processed upon project completion and before website launch.
PRICE AS AN ESTIMATE
(a) Price reflects the typical estimate price for a web design project in the given terms.
(b) The total cost of the project depends on the finished design, amount of pages designed, features, custom functionalities and complexity of the website.
(c) Additional features, web pages and functionality not originally agreed upon may be added for an additional fee and can be estimated after the change request is made.
ADDITIONAL FEES
Website Round of Revisions ………….…….……………………….…….. $200/round
The client can purchase Round of Revision Sessions at $200 USD / ea. The client is given up to (10) design or content revisions (within design concept). This does not include functionality or structural changes to the website.
Additional Design/Content Revision(s) ………….…….…………….. $50/revision
Once the allotted number of design and content revisions have been used up, the client may purchase additional design and content revisions at $50 USD per revision.
Additional Web Page(s) ………….…….………………………………… $100/web page
Additional web pages cost $100 USD / per web page design.
Additional Product Page(s) ………………..…….……………………… $50/web page
Additional web pages cost $50 USD / per product page design.
Photography Selection ………….…….……………….…………………… $50/10 photos
If the client would like the designer to select imagery for the client’s website. The price is $50 / selection of 10 photos.
Price does not include the price of the images themselves.
Additional Web Forms (s) ………….…….……………………………….. Ask for Quote
For additional web forms not included in the client’s package, the client may ask for a quote.
Additional Web Design Concept(s) ………….………………………………… $750.00
If the client would like additional web design concept(s) exceeding what is included in his/her package, the client will be charged $750 USD per new design concept session.
Re-Design / Re-Draw ………….…….………………………………………………… $750.00
If, after the client is presented web design options and the client requests changes to an existing design which fall outside the parameters of minor modifications, a “re-design” fee of $750 USD will be charged.
Woccommerce Feature ………….…….…………………………………………… $400.00
The designer will setup 1 product page, 1 product category, 1 “shop” page, 1 shopping cart page, 1 checkout page. The design will ensure the shop page shows each product. And that the product page links appropriately to the “add to cart” page, and checkout. The fee above does not include eCommerce shipping/tax/payment configuration, payment gateway setup, and WooCommerce product add-ons. It’s the client’s responsibility to provide website/product content, and secure a payment gateway.
Woccommerce Product ………….…….………………………………………. $25/product
1 product short description text, 1 product title, 1 product preview image, 2-3 gallery images, 1 product category, 1 product price. Doesn’t include: product tags, product reviews, inventory, shipping configuration, linked products, attributes, product enhancements, WooCommerce product add-ons.
Additional Website Feature(s) ………….…….……………………….. Ask for Quote
Additional features not included in the scope outlined in your contract.
Functional/Structural Change(s) ………….…….…………………… Ask for Quote
If client would like to change the functionality or structure of the theme template they may request a custom quote.
Additional Browser Support ………….…….…………………………… Ask for Quote
Support for outdated, or any browsers not included for support in your contract.
Additional Device Support ………….…….………………………………. Ask for Quote
Support for outdated, or any devices not included for support in your contract.
Project Rush Fee………..……………………………………..………………………… $500.00
If the client would like to have the project completed before the typical timeframe, the client will be charged a rush fee of $500 USD.
Questionnaire Delay/Reinstatement Fee ………..…………………………. $150.00
The client has (120) calendar days to complete his/her website questionnaire and content. A client who submits his/her questionnaire or content after (120) calendar days from purchase will incur a “Questionnaire Delay/Reinstatement” fee of $150 USD to restart his/her project.
Project Delay/Reinstatement Fee …..…………………………………..… $150.00
The client has (30) calendar days from the time he/she receives website layout/design/revisions form to complete his/her website layout/design/revisions form. A client who submits his/her website layout/design/revisions form after (30) calendar days from receipt will incur a “Project Delay/Reinstatement” fee of $150 USD to restart his/her project.
Client Re-Schedule Fee …..……………………………………………………………. $75.00
In the case that the client needs to re-schedule a design meeting with the designer, the client agrees to give 48-hour notice to the designer. If the client doesn’t show for a scheduled appointment or does not give 48-hour notice, a $75 USD Late Fee will be charged to the client’s balance due.
Additional Meeting Session ……………………………………………………… $100.00
The client understands this is an online process and that there are no meetings included in this package. If the client would like to schedule a meeting, that can be done for an additional fee of $100. Includes a 1-hour session via zoom video conferencing.
Additional Meeting Session (pro-rated) …..…………………………………… $50.00
The client understands this is an online process and that there are no meetings included in this package. If the client would like to schedule a half meeting, that can be done for an additional fee of $50. Includes a 30-min session via zoom video conferencing.
Website Training Tutorial …..…………………………………………………… $100.00
1-hour tutorial screen-share session with you and up to 2 other staff members via zoom video conferencing. Includes 1 video recording that the client can refer back to at any time.
Website Training Tutorial (pro-rated) …..…………………………………… $50.00
30-min tutorial screen-share session with you and up to 2 other staff members via zoom video conferencing. Includes 1 video recording that the client can refer back to at any time.
Final Files Retrieval …..……………………………………………………………….. $75.00
If, after (90) calendar days after the project has been completed and after files have already been supplied to the client, there will be a $75 USD fee to retrieve and transfer digital files to the client.
QUESTIONNAIRE
(a) Client agrees to complete the questionnaire in its entirety within (120) calendar days of purchasing design services and understands that no work will begin until its completion.
(b) Questionnaires submitted after (120) days from purchase will incur a “Questionnaire Delay/Reinstatement” fee of $150 to restart the project.
(c) Questionnaires/content not completed within 150 days (from purchase) are cancelled and no refunds are given.
COMPLETION TIME
(a) The website design starts when the client completes their questionnaire in its entirety and full payment is issued to the designer.
(b) In the event that the designer sends an email to the client to clarify his/her questionnaire, the website design will start after the designer receives a response to that email. The client understands no work will begin until after the client has responded to the designer’s questionnaire email.
PROJECT COMMUNICATION
(a) Client has (3) business day to respond to emails from the designer relating to giving feedback/revisions in order to keep his/her project on time. If the client has not responded to an email within that time-frame, the project will be delayed and completion date pushed back per each business day that the client hasn’t responded to his/her email/revision form.
(b) In addition, if the client has not responded to a project email within (3) business day, the completion date may also be pushed back depending on the designer’s current production schedule.
DECISION MAKER
Client represents (1) primary decision-maker for project & must be present for all meetings.
WEBSITE LAYOUT MEETING
(a) The client will receive (1) Website Layout Form via email prior to implementing the design into the working website.
(b) The client will receive (3) layout options via his/her form.
(c) The client must complete his/her form in order to move onto the next phase of the project.
(d) All design feedback and layout selection must be submitted through the client’s form.
(e) No design feedback will be accepted via email.
(f) The client has (30) calendar days from the time he/she receives his/her website layout form to complete his/her website layout form. A client who submits his/he website layout form after (30) calendar days from receipt will incur a “Project Delay/Reinstatement” fee of $150 USD to restart his/her project.
WORKING WEBSITE REVIEW
(a) The client will receive (1) Website Design Form via email.
(b) The working website design is the implementation of the client’s chosen Shopify Template with the client’s copy and photography.
(c) The Shopify Template will be modified to fit the client’s brand colors and brand typography.
(d) The client must complete his/her form in order to move onto the next phase of the project.
(e) All design feedback and revisions must be submitted through the client’s form.
(f) No design feedback will be accepted via email.
(e) The client has (30) calendar days from the time he/she receives his/her website design form to complete his/her website design form. A client who submits his/he website design form after (30) calendar days from receipt will incur a “Project Delay/Reinstatement” fee of $150 USD to restart his/her project.
WORKING WEBSITE REVISIONS
Revision Session:
Once we have a working website, the client is given (1) complimentary round of revisions. The client is given up to (10) design or content revisions (within design concept) per revision session. This does not include functionality or structural changes to the website.
Changes included:
– Design changes included: Changes to the font, color, button, text.
– Content changes included: Changes to text, imagery, media.
Changes not included:
– Custom coding is not included. You can make minor changes like font and link color but basically what you see is what you get with your selected theme.
– Web page layouts that are not already supported by your selected theme can’t be changed. (see the themes’ demo pages)
– The order of the home page sections can’t be changed.
– Changes to how the theme functions inside of a browser or mobile device can’t be changed.
Note: If the client would like to make changes that are not included, the designer will give you a custom quote for these additional changes.
Below are the terms of the Website Revisions:
(a) Client must complete his/her Website Design form in order to move onto the Revisions phase of the project.
(b) Client gets (1) revision session included in his/her package.
(c) Client gets (10) design/content changes per each round of revision session.
(d) Every instance the client requests changes to the website and the designer completes those changes and presents those changes to the client is considered a completed revision session.
(e) Design Revisions include: Changes to the font, color, button, text.
(f) Content Revisions include: changes to text, imagery, media.
(g) Revisions not included: Custom coding is not included. You can make minor changes like font and link color but basically what you see is what you get with your selected theme. Web page layouts that are not already supported by your selected theme can’t be changed. (see the themes’ demo pages). The order of the home page sections can’t be changed. Changes to how the theme functions inside of a browser or mobile device can’t be changed.
(h) Revisions must fall under a content or design revision, as defined above.
(i) Revisions that fall outside of a design revision or a content revision can be done for an additional fee, and an estimate will be generated for the client.
(j) All design feedback and revisions must be submitted through the client’s form. No revision requests will be accepted via email. Any new revisions the client would like to make after submitting his/her form can be applied to a new revision session.
(k) Upon receipt of the website, client has (3) business day (per each round of revisions) to provide designer with revision requests to keep the project on time. If the client has not given revision requests within that time-frame, the project will be delayed and completion date pushed back per each business day that the revision form is not completed. In addition, the completion date may also be pushed back depending on the designer’s current product schedule.
(l) The client has (30) calendar days from the time he/she receives his/her website design/revisions form to complete his/her website revisions form. A client who submits his/her revision form after (30) calendar days from receipt will incur a “Project Delay/Reinstatement” fee of $150 USD to restart his/her project.
(m) A “change” is a minor modification to an existing design.
(n) Changes to an existing design which fall outside the parameters of minor modifications are considered a “re-design”.
(o) Designer has full discretion in distinguishing between a “change” and a “redesign”.
(p) If the designer defines the change(s) as a re-design, the client will be charged for an additional web design concept fee of $750 USD.
(q) Once the client approves his/her design, no more revisions will be made to the website. If the client would like the designer to make changes to the design after the project is finalized, the client can hire the designer to do so under a new contract and for an additional fee.
(r) Website launch/hosting info will be given to the client upon final payment clearing and final client approval.
ADDITIONAL ROUNDS OF REVISIONS
The client can purchase additional Revision Sessions at $200 USD / revision session. The client is given up to (10) design or content revisions (within design concept). This does not include functionality or structural changes to the website.
ADDITIONAL DESIGN/CONTENT REVISION(S)
Once the allotted number of design and content revisions have been used up, the client may purchase additional design and content revisions at $50 USD per revision.
DIGITAL FILES
Length of storage: All final files created for the client are stored by the designer up to (90) calendar days from the date that the designer supplied the files to the client.
Retrieval fee: There will be a nominal fee to retrieve and transfer any digital files after the project has been completed and after all files have already been supplied to the client.
WEBSITE REQUIREMENTS
If the client has specific requirements for specific devices/browsers the website must be supported on, the client agrees to send those requirements to the designer via the client’s questionnaire or prior to project start.
PROOF READING WEBSITE COPY
It’s the Client’s responsibility to ensure all content is accurate before giving to the designer to input into any designs created. Additionally, the client is responsible for Proof Reading the website before it is approved. The designer is not responsible for errors found after the website has been approved.
COLOR
Due to differences in monitor and printer calibration, the color of a printed product will likely vary from what you see on screen or what prints on your printer. Additionally, colors will likely vary monitor to monitor AND printer to printer.
DESKTOP BROWSER TESTING
The designer will test the website in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome) and Microsoft (Internet Explorer). The designer will also test to ensure Microsoft IE Edge for Windows users get an appropriate experience. The designer will not test for older versions of Internet Explorer or other older browsers unless the client specifies otherwise. If the client needs an enhanced design for an older browser, the designer can provide a separate estimate for that.
MOBILE BROWSER TESTING
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. The designer tests the working website in the following listed mobile devices and mobile browsers.
Mobile Devices:
iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus, iPhone X, iPhone XR, iPhone XS, iPhone XS Max, iPhone SE, Samsung Galaxy s8, Samsung Galaxy s8 Plus, Samsung Galaxy s9, Samsung Galaxy s9 Plus, Samsung Galaxy Note 9, iPad, iPad Pro
Mobile Browsers:
For iOS Devices: Safari
For Android 4.x Devices: Google Chrome
The designer currently doesn’t test Blackberry, Opera Mini/Mobile, Windows Phone, Amazon Kindle or other mobile browsers. If the client needs the designer to test devices/browser not included in his/her package, the designer can provide a separate estimate for that.
TECHNICAL SUPPORT
For an additional fee, the designer can can set up the client’s email, domain, plus any statistics software such as Google Analytics. The designer can provide a separate estimate for this support. Afterwards, the management of that server will be up to the client.
PROJECT SCOPE
The client understands that this service does not include: web-font licensing, copy-writing, SEO, image tagging, art direction, photography, stock photography licensing, photo-editing, photo-retouching, re-sizing/optimizing images for web-use, website performance optimization, data-entry, stripe/paypal setup, website hosting, website domain purchase, email setup/support and website migration.
WEBSITE HOSTING
Once the client has given final approval on his/her live website, the client may either:
(a) Migrate their website from the designer’s web host to a different web host. In this case, the client is responsible to arrange the migration and payment to his/her new web host company. The designer does not offer website migration services.
(b) Set up the client’s own hosting plan with the designer’s same web host company. (The web host company will then transfer the client’s website from the designer’s plan to the client’s newly creating hosting plan. All hosting billing will then go to the client.) In this case, the designer will send the client all information relating to how the client can create his/her own hosting plan and start the process of the website transfer.
CONTACT
Client understands that all communication will be via email. Or during his/her scheduled zoom meeting. (Up to 3 phone calls total).
Emails and phone calls will be answered within 48 hours during the work week. The designer will respond to emails sent over the weekend and nationally observed holidays within 48 hours of the following business day. Any correspondence after 5pm EST/EDT on business days will be considered received the following business day.
PAYMENT SCHEDULE
Before work begins, full payment is due. The project can be scheduled once the designer receives the payment. If additional features/services are added to the project, the remaining balance is due upon completion of the project, and before website release is provided to the client.
ACCEPTED PAYMENTS
The designer accepts all major credit/debit cards for payment (Visa, Mastercard, Discover, American Express). As well as Paypal payments. Checks, cash or money orders will not be accepted.
CREDIT CARD AUTHORIZATION
Client authorizes Michelle Marin to charge the same credit card used to purchase the client’s package for any additional fees including: additional revisions, client delay fees and rush fees.
ADDITIONAL FEES
In the event that additional services/fees are added to the project. The client will be charged for additional fees including: additional design options, additional revisions, rush fees, or anything not included in the client’s package. Any additional fees accrued (add-on services, changes in scope, late fees, etc.) will be processed at the end of the project and prior to the website is released to the client.
REFUND POLICY
All sales are final. There are no refunds.
CHARGEBACK
(a) In the event the client does a chargeback, client agrees to pay all fees related to the charge back including, but not limited to collection fees and fees charge by the payment processing company.
(b) Client also agrees and understands that if a chargeback is made, they will be sent to collections to recoup all costs associated with the chargeback.
DELAYED PAYMENT
(a) If, after the project has commenced, any subsequent invoices are not paid withing (30) calendar days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring (30) calendar day period until the full amount is received.
(b) After (60) calendar days of non-payment, the invoice will be forwarded to collections.
CANCELLATIONS
The designer may cancel the contract at any time for any reason.
If the project is cancelled for any reason, payment is due with the same terms, up to and including the phase of the project that is currently in progress. The designer will retain any work completed. All content provided by client will remain in client’s ownership.
WARRANTY, OWNERSHIP, & INDEMNIFICATION
(a) Client guarantees that any elements (graphics, photos, designs, trademarks, or other artwork) provided for inclusion in the web design are either owned by client, or that he/she has permission to use them. In addition, the client will hold harmless, protect, indemnify and defend the designer from any claim or suit arising from the use of such work.
(b) The designer guarantees that the work produced is original or properly licensed for commercial use. Before payment clearing, the designer retains ownership of all artwork.
(c) After full payment (including additional design options, additional changes, and delay fees) clearing for the project, full copyright is given to the client.
(d) The designer reserves the right to display and link to the completed project as part of the designer’s portfolio and to write about the project on websites, in magazine articles and books about graphic design upon receiving written consent from the client.
NONDISCLOSURE
You agree not to share any of the designer’s concepts, art, or work with outside designers or agencies unless you have purchased the artwork release from the designer. This includes, but is not limited to design concepts, sketches, proofs and design work. In addition, the designer will also keep the Client’s ideas, artwork or content confidential unless written consent has been granted by the Client to do so.
FORCE MAJEURE
Any delay in the performance by the designer is not be a breach of this Agreement if such delay arises out unforeseen events such as storm, flood, hurricane, strikes, work stoppages or slowdowns, sickness, death, epidemic or quarantine restrictions and/or unforeseen equipment failure.
LEGAL STUFF
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
ARBITRATION CLAUSE
Both parties do hereby agree to resolve, through binding arbitration, any dispute that arises among the parties from date of entering into the contract.
ENTIRE AGREEMENT
Just like a parking ticket, you can’t transfer this contract to anyone else without the designer’s permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. This contract is a legal document under exclusive jurisdiction of the courts of Tampa, Florida in the United States of America.
